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United States of America v. Scott Michael Vogelsang

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 21, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SCOTT MICHAEL VOGELSANG, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Pending before the court is defendant's motion for issuance of a certificate of appealability (ECF No. 268). Specifically, defendant seeks to appeal the court's January 14, 2011, order denying his motion to set aside the judgment under Federal Rule of Civil Procedure 60. Because a certificate of appealability is not required to appeal the denial of a Rule 60 motion in a criminal case, and because the docket reflects that defendant has already filed an appeal of the January 14, 2011, order (See ECF No. 265), the request for a certificate of appealability is denied as unnecessary.

IT IS SO ORDERED.

20110321

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